• Harassment by mother in law

My mother in law is involve in crime like shop lifting. (Have all proofs).She insists my Husband and me to get involved in the same. Denies would which she has made our life hell. We both are earning separately and paying all kind of bills at home. Still she is not satisfied and finds every other way to torture or harass both us. She doesn't allow me to cook for months and we r dependant on outside food. She closes the light whenever she feels like, making us sit without light or fan along with my 3yr old son. Threaten me for another marriage for my husband. Threaten us that she will suicide and put the blame on us. She is also involve in black magic. We have complained to police for this harassment to which she said that I have gone to police station several times and has several case on her, so one more case would not change anything. She also threatens us to disown her son, my husband. Pls help and advise what can I do to handle her harassment.
As of now we r single hand earning because my son is young. We have requested her for some time so that I can get a job and we can move out amicably. But she doesn't allow us to live for even a single day.
Asked 4 years ago in Family Law
Religion: Hindu

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23 Answers

Hello,

If it is her own home then you can not force her to keep you in the premises. Sone or you doesn’t have any right on her house. It is advised that you move out of the said premises and that is the only option that seems viable at this juncture.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Madam,

You have already filed a police complaint.If police is not taking notice file 156(3) in court.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Let her disown her son

2) don’t bow down to her blackmail tactics

3) shift to rented flat with your husband and child

4) if you continue staying with her it would affect your son mental health

5) don’t get involved in her criminal activities

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Mam file a domestic violence and harrasment case on her in the police station further give evidence of her theft to the police so that case can be registered. Further it would be best to move out of such household for the future of your kid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

If your husband is in your support of you than you should throw her out or have filed criminal complain, it not a joke that another case won`t trouble her.

House belongs to whom ? best solution will find another accommodation if can`t protest or file criminal complain.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear client

As per the facts and circumstances of your case the best solution is to move out. Though it would be difficult to manage in the initial days but the things will gradually settle down. Find a rented accomodation and move out asap.

Asv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

The remedy under law is that, you apprise/inform the women helpline cell of the Police about these atrocities which your mother in law has been committing upon you. You can also move a complaint under Domestic Violence Act against your MIL.

Contact a local lawyer to act in accordance with the legal advice given above.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello

The house must be in the name of your father in law.in case the same is true...she cannot compel you to vacate the house and do whatever she wants. If the house was in the name of your father in law then your husband also has a share.you should obtain a succession certificate from the district court and then file a partition suit and obtain permanent injunction against your mother in law.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

House is in your mother in law name

2) you cannot claim any rights on said house

3) you can claimfood , shelter only from your husband

4) husband has to maintain you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

there are some parents who don't want to see the happy life of their children. However, I will not suggest any legal action against your mother in law. It it better, both of you (you and your husband) remain united and ignore any comments by your mother in law or You can approach the mediation centre In court of your local jurisdiction..

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

See since she is involved in criminal activities it would be better to stay out and away from her she can implicate you and your husband if caught so it's better to report against her and move out and file a domestic violence case against her for all torture you cannot demand much from her.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Whether it is her self accquired property will help in determining your rights.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

File complaint for torture and give evidences of her shoplifting too. If police does not investigate then file private complaint directly to magistrate.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hello,

You may file a suit and claim residential rights, but that too will be very hard to obtain.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If your mother in law is the owner of the property, then you cannot do anything legally so as to force her to let you and your husband stay in the property.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

If you want to protect yourself from her torture, you can file a complaint under DV act against her. Also, a restraining order can be obtained against her, but that would result in her evicting you from her property. So, in my opinion, going the legal route isn't going to be of great use here, until you have funds to move out of the house.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

It`s her property and child, his wife has no say in in laws property or claiming living right.

For any inhuman act you can file complain but no vested right to live with dignity in her home.

All i can suggest, create an incident of injury and file criminal complain or complain to police about her illegal activities.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

You are suggested to avoid the hassle and move out of house with your husband and son.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You cannot change the mindset of your mother in law.

Her die hard habits will not leave her because she has lived with it.

If it is intolerable then you can set up a separate house outside your mother in law's house and start living separately away from her so that you can avoid direct confrontation with her every day.

You can talk to your husband and arrive at a solution so that this menace is avoided.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I want to know what all action I can take to access my basic rights like food, shelter until we are here. Other lawyers suggested that we cannot do much of her as property is under her name.

Again I'm repeating now it is not about property, it is about abuse torture we are facing.

How can we protect ourselves with her fake alligations and torture

These tortures will never come to an end and you will keep grumbling every day if choose not to leave that house.

You may better think of going out and setting up a separate home by which you can totally avoid her.

If she is not changing her habits and wants to continue her dirty habits then you cannot help to make her alright.

Allow her to suffer and realise if possible, you may even lodge a complaint about her habits of shop lifting and other thefts.

.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear client

All your rights are against your husband and not your mother in law so whatever you can claim is from ur husband it is his duty to provide you with basic necessities you can do nothing much against your mother in law except complaining against her illegal acts.

Adv Vikas Khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

You can inform the police or threaten her that you would if she goes on torturing you.

Other than that you cannot seek relief from the authorities as the house is in her name.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Dear Madam,

If your mother in laws mental harassment continues, instead of asking a separate house, approach the court under domestic violence Act against your mother-in-law seeking residential orders in your in-laws' home itself, seeking separate part within the house with a restriction against your mother-in-law not to interact, interfere, transgress and disturb you. Such restrictive orders are possible in DV Act. If such orders you obtain,

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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